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Pre-Election Lawsuit Tries to Nullify Gambling Referendum

A civil case adds to the controversy over Question 7.

 

Capital News Service

ANNAPOLIS - Former Prince George's County Councilman Thomas Dernoga filed a lawsuit Friday challenging the constitutionality of the expanded gambling referendum.

If successful, the lawsuit could nullify the results of Question 7 on Tuesday.

The suit argues that in order for Question 7 to pass, the majority of all registered voters, not just those who turn out to vote, would need to approve the measure. The suit names Gov. Martin O'Malley, Attorney General Doug Gansler, the State Board of Elections and others as defendants.

"There has been some confusion created about the standard required to certify the election result," Dernoga said.

Dernoga's claim is based on the language of the constitutional amendment that legalized casinos four years ago.

The language at question is from Article XIX, Section 1(e) of the state constitution, which reads:

"The General Assembly may only authorize additional forms or expansion of commercial gaming if approval is granted through a referendum, authorized by an act of the General Assembly, in a general election by a majority of the qualified voters in the State."

The suit argues that the term "qualified voters" means all registered voters, not just those who actually go to the polls on Election Day.

"I'm amazed it has taken this long for someone to have done this," said Todd Eberly, political science professor at St. Mary's College of Maryland. "It is so painfully obvious."

In the last presidential election, 78 percent of registered voters in Maryland went to the polls. If there is a similar turnout in this election, about 65 percent of people who actually vote would need to be in favor for the measure to get a majority of registered voters.

Polls leading up to the election show voters are evenly split on the gaming question.

Eberly said that if Question 7 passes Tuesday, he would expect a judge to put a hold on it until a hearing is held.

"Unless a judge, for blatant political reasons, wants to ignore the plain language of the constitution, it would be impossible to dismiss that," Eberly said.

Gansler's office declined to comment, but forwarded two letters which discussed the issue. One, a letter sent to House Speaker Michael Busch in 2011 by Dan Friedman, counsel to the General Assembly, rejects the interpretation that all registered voters must be counted. The letter reads:

"Thus, it is our view that only a majority of the votes cast in favor of the expansion of gaming is needed for it to be adopted."

In another letter, sent in 2007, Assistant Attorney General Bonnie Kirkland said it was her view that "the language requires a majority of votes cast on the question."

The campaign fight over expanding gambling has amassed close to $80 million in contributions so far, largely between the company hoping to open a casino at National Harbor, MGM Resorts International, and the company hoping to protect its interests in West Virginia, Penn National Gaming.

Experts have said the money invested in the campaign will be well spent for whomever wins, but depending on the outcome of this lawsuit, both companies could leave Maryland with a little less cash.

Related Topics: Casinos in Prince George's County, Gambling in Prince George's County, Maryland casinos, Question 7, and gaming in Maryland

ROBERT SCHROEDER

8:13 am on Sunday, November 4, 2012

Yeah, but we need jobs. But it is how we all vote as it depends how many thumbs up or down.

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BERNIE FISKEN

9:15 am on Sunday, November 4, 2012

Given that the Washington DC area has the greatest per-capita number of lawyers in the USA, it was only a matter off time before lawyers switched from chasing ambulances to chasing state/local jurisdiction referendums.

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Oriole Saah

9:35 am on Sunday, November 4, 2012

What is the logic used in the two letters from Dan Friedman and Bonnie Kirkland which leads them to their shared conclusion that only votes cast and not all registered voters represent "all qualified voters?"

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Bob

1:23 pm on Sunday, November 4, 2012

I suppose because if you didn't vote for or against the referendum, you're not a voter. Registered to vote does not make you a voter unless you vote.

Richard Rice

2:53 pm on Sunday, November 4, 2012

I am voting against the referendum #7 simply because I do not believe in
any form of gambling!

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Terpalum98

3:03 pm on Sunday, November 4, 2012

The only argument that you see on the commercials against question 7 is that the money is not going to go to schools. I think they have made that point abundantly clear. So we are supposed to vote against question 7 and keep that money going to other states? Where it goes in the state budget is up to the elected officials. And the voters have a say over who gets elected. And they do not want to talk about all of the jobs it will create in Maryland. They have nothing to say on that topic. This seems like common sense to me really. Put that money in maryland's budget or another State's budget? As a MD resident, I think I know which way I will go with this...

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Allister Chatham

5:34 pm on Sunday, November 4, 2012

I am not a gambler, but how could something so simple cause so much confusion? The position taken regarding every qualified voter has no standing, legal or otherwise. I admit that the language is a little unclear, but its intent is clear from three perspectives: 1. In matters of voting, unless specifically spelled out, like two-thirds of the members of the senate, votes have always been won by a majority of those voting. 2. Tradition and practice are on the side of the issue of counting only votes that were cast. 3. Not all registered voters are qualified voters - for example some felons and prisoners are not qualified voters even thought they may have been registered. Registered, but not qualified voters can also include those who were fraudulently registered or are deceased. Finally, since the language in the constitution is borrowed for similar actions by the legislature, one can reasonably assume that this new interpretation would overturn past legislative actions, and even past elections.

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Tony

6:21 pm on Sunday, November 4, 2012

WV is trying any and everything to stop the state of Maryland from keeping the gaming money in Maryland, Hey WV it will not work!!!!

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Jay Friedman

10:00 am on Monday, November 5, 2012

Tony, what does West Virginia have to do with Dernoga's position. Even though he is no longer an elected official, he should be supportive of jobs for Prince Georges County.

Peter Kulkosky

7:56 pm on Sunday, November 4, 2012

The lawsuit is correct, but the question should not be on the ballot in the first place.
The proposed slots parlor is too close to the nation's capitol and is incommensurate with the image of greater Washington. You can even joke about Congressmen playing the machines. In the past there have been attempts to put gambling boats on the Potomac and casinos in Northeast, but they failed for the same reason - it is inappropriate to locate gambling right next to the place where our laws are enacted and our President resides. We have to keep the Capitol area straight as a historical location for tourists to visit and there is certainly enough here without making it into a gambling area like Atlantic City or Las Vegas. Also, many people lose their hard earned money playing slot machines, and that is no way to raise money, for any purpose the state government and developers have promised.

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Jay Friedman

12:45 am on Monday, November 5, 2012

Just what is the "image of Greater Washington? The U.S. Congress plays with our money all year long. Just how is blocking casinos going to keep the Capitol Area straight? District and Prince Georges County employees and elected officials have been in the headlines for their misdeeds in recent years and casinos or no casinos will have no effect on this. As to your issue about people losing their hard earned money....might as well lose it in Maryland than West Virginia!

Jay Friedman

12:37 am on Monday, November 5, 2012

What is Dernogas' agenda? He must want something.

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Kevin E

6:46 am on Monday, November 5, 2012

We already have the most degenerative form of gambling - slot machines. Richard, I think your stance against gambling has already been undermined by the popular vote once, and this is a terrible reason to not support positive expansion of gambling for increased revenue.

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Peter Kulkosky

12:19 pm on Monday, November 5, 2012

This area and many other great cities in America are known as non-casino areas. We are proud of our status and the financial success which has enabled our freedom. I recall how Atlantic City stood before the takeover, and now it has lost its former image to the western Las Vegas type feeling. Slot machine gambling doesn't belong in the National Capitol area in view of its general association with loose money and organized crime.

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Red White and Blue

1:08 pm on Monday, November 5, 2012

Bring on all forms of Gambling, it has a better return on your money than the banks do, the stock markets does, politicians are ruining us all, We are going to let gays marry, illegals stay and take tax payer money, so can we at least pass the legalization of prositution, the girls would have jobs at least, more than the democrats have given us.

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Peter Kulkosky

7:14 pm on Monday, November 5, 2012

Is it gambling really, or only real estate development to generate revenue for nearby businesses, hotels and restaurants? We hear the reports of hotel companies and of construction plans involving sums only an economist can understand. How can we afford to contribute to these already rich corporate interests? They have advertised it, such that it sounds like a charity. Save your money, gamble on stocks or other investments, the proposed benefits come across as advertising gimmicks. They're better off giving discounts in the hotels and other entertainment facilities in National Harbor.to popularize it and generate sales.

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